BIRENDRA THAKUR S/O SRI KEDAR THAKUR Vs. STATE OF BIHAR THROUGH DIRECTOR GENERAL-CUM- INSPECTOR GENERAL OF POLICE

JUDGEMENT

(1.) THIS letters patent appeal is directed against the order dated 21st August, 2002, whereby the Single Judge dismissed the writ petition filed by the appellant for quashing the order of removal dated 1st November, 2000 passed by the disciplinary authority and the order dated 18th June, 2002. passed by the appellate authority affirming the order of the disciplinary authority.

(2.) WE shall refer the parties as referred in the writ petition. The petitioner, prior to his removal from service, was employed as a Police Constable. While he was posted as Constable Driver at Police Headquarters, Sitamarhi, the departmental proceedings were instituted against him for having committed grave mis -conduct of indiscipline, doubtful - character, lack of devotion in duty, and immoral work by carrying contraband arms and ammunitions to help a particular political party on the election day. It was alleged that in the intervening night of 1st/2nd March, 1985, the Station House Officer, Sitamarhi along with armed constabulary were conducting search of vehicles in Sitamarhi Bazar. A police trekker bearing registration No. B.P.P. 7154 driven by the petitioner did not stop for checking; the petitioner drove the vehicle very fast from Sitamarhi Bazar to Mahsol Chowk while proceeding for Bathnaha. Having got suspicious the Station House Officer, Sitamarhi followed the police trekker and stopped that vehicle at Mohanpur village; the Station House Officer recognized the delinquent who was driving the vehicle and two other persons sitting therein. Four unknown persons ran away. In that police trakker, a hold -all was found. During search of the said hold -all, few rifles, pistols and ammunitions were found. The arms and ammunitions were seized and seizure memo was prepared. A criminal case was registered against the offenders including the delinquent for the offences punishable under Ss. 25A, 26 and 35 of the Arms Act. In the departmental charge -sheet in the backdrop of aforesaid facts, it was alleged that the delinquent (driver) was carrying illegal arms and ammunitions in the vehicle to help a particular political party as on 2nd March, 1985, there was an assembly election in Bathnaha Assembly Constituency. It was also alleged that the vehicle was misused and it was taken outside the headquarters without permission. In the disciplinary proceedings, the department examined (1) Ashok kumar Gupta, Police Superintendent, Sitamarhi; (2) Havildar Saleh Hind, Driver of Police Jeep No. 4942; (3) Assistant police Sub -Inspector Krishna Choudhary; (4) Sub -Inspector of Police Raghvendra Narayan Singh and (5) Havildar Ratandeo Singh. The department produced diverse documents. The delinquent Birendra Thakaur examined himself; he admitted that Ram Suresh Singh alias Bauaji was stopped with hold -all and at that time he came to know that hold -all contained the illegal arms and he also saw those arms and ammunitions. The disciplinary authority held the charges proved and passed an order of removal on 1st November, 2000. The petitioner preferred the departmental appeal against the order of removal. The said appeal came to be dismissed by the appellate authority on 5th June, 2002. As indicated above, the writ petition preferred by the petitioner challenging these two orders has been dismissed by the single judge vide order dated 21st August, 2002.

(3.) AS noticed earlier, the petitioner was prosecuted for the offences punishable under Ss. 25A, 26 & 35 of the Arms Act on account of having illegal possession of arms and ammunitions in contravention of the said Act along with Rambeyas Prasad Singh and Ram Suresh Singh alias Bauaji in trial No. 610 of 1994 in the court of Sub -divisional Judicial Magistrate, Sitamarhi, Sadar. The Sub -divisional Judicial Magistrate, Sitamarhi, Sadar, convicted the petitioner and two other accused persons vide judgment dated 7th September, 1994.